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(영문) 서울중앙지방법원 2019.10.18 2019노2054
범죄단체가입등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (two years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The offense of the Defendant, as a counselor of the Bosing Center, is bad by taking charge of acquiring money by telephone.

In addition, the defendant up to a long time posted obscene materials on multiple web site, the number of obscene materials up to 9,00 items, and the number of points obtained according to the frequency of the downloads was raised by exchanging points.

Considering these points, strict punishment against the accused is necessary.

However, the defendant's participation period in the crimes of Bosing is relatively short, and the court below agreed with the victim.

In addition, the defendant is against the recognition of each of the crimes in this case, and there is no record of criminal punishment exceeding the fine.

In full view of the degree of participation in the crime of Bosing in the instant case, the sentencing of other accomplices, and all other conditions of sentencing as indicated in the argument in the instant case, the lower court’s sentence is somewhat inappropriate and thus, the Defendant’s above assertion pointing this out is with merit, while the Prosecutor’s above assertion is without merit.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is delivered after pleading

(3) Article 369 of the Criminal Procedure Act provides that “If an appeal by a public prosecutor is groundless, and the original judgment is reversed, the public prosecutor’s appeal shall not be dismissed separately from the original judgment).” The gist of facts constituting an offense and evidence is the same as that of the original judgment, the summary of facts constituting an offense and evidence recognized by the court is

Application of Statutes

1. The membership and activities of a criminal organization under Articles 114 and 347(1) of the Criminal Act concerning the facts constituting an offense;

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